Civil Remedy Notice of Insurer Violations
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Filing Number:     808838
Filing Accepted:  2/27/2025
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Complainant
Last/Business Name *  
HERNANDEZ ASEN   First Name   SADAY
Street Address * 8711 NORTH PAWNEE AVENUE
City, State Zip * TAMPA, FL 33617
Email Address * SADAY0219@GMAIL.COM
Complainant Type: * Insured
Insured
Last/Business Name*   HERNANDEZ ASEN   First Name   SADAY
Policy # * SIC3063401 Claim #* 202409005402
Attorney
Attorney is Applicable
Last Name* MELAMED First Name * AARON Initial
Street Address* 20200 WEST DIXIE HIGHWAY, SUITE 902
City, State Zip* AVENTURA , FLORIDA 33180
Email Address * AARON@MELAMEDLAWPLLC.COM
Violation
Insurer Type *   Authorized Insurer Unauthorized Insurer
 
Insurer Name*   SLIDE INSURANCE COMPANY
NAIC Company Code 17227
 
Name of individual responsible for violation (if any):* SONYA HARRIS, DONALD DAVIS, DELYNSI CHE, AND ALL OTHER ADJUSTERS, SUPERVISORS, MANAGEMENT, AND INDIVIDUALS ASSOCIATED WITH OR RETAINED BY SLIDE INSURANCE COMPANY INVOLVED IN THIS CLAIM.
Type of Insurance * Residential Property & Casualty   
Reason for Notice *
Claim Delay
Unsatisfactory Settlement Offer
Unfair Trade Practice
* Statutory provision(s) which the insurer allegedly violated.
 
624.155(1)(b)(1) Not attempting in good faith to settle claims when, under all the circumstances, it could and should have done so, had it acted fairly and honestly toward its insured and with due regard for her or his interests.
624.155(1)(b)(3) Except as to liability coverages, failing to promptly settle claims, when the obligation to settle a claim has become reasonably clear, under one portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy coverage.
626.9541(1)(i)(3)(a) Failing to adopt and implement standards for the proper investigation of claims.
626.9541(1)(i)(3)(c) Failing to acknowledge and act promptly upon communications with respect to claims.
626.9541(1)(i)(3)(h) Failing to clearly explain the nature of the requested information and the reasons why such information is necessary.
* Specific policy language that is relevant to the violation.
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SECTION I – PERILS INSURED AGAINST A. Coverage A – Dwelling And Coverage B – Other Structures 1. We insure against risk of direct physical loss to property described in Coverages A and B. SECTION I – PROPERTY COVERAGES A. Coverage A – Dwelling 1. We cover: a. The dwelling on the "residence premises" shown in the Declarations, including structures attached to the dwelling; and b. Materials and supplies located on or next to the "residence premises" used to construct, alter or repair the dwelling or other structures on the "residence premises". C. Loss Settlement In this Condition C., the terms "cost to repair or replace" and "replacement cost" do not include the increased costs incurred to comply with the enforcement of any ordinance or law, except to the extent that coverage for these increased costs is provided in E.11. Ordinance Or Law under Section I – Property Coverages. Covered property losses are settled as follows: 1. Property of the following types: a. Personal property; b. Awnings, carpeting, household appliances, outdoor antennas and outdoor equipment, whether or not attached to buildings; c. Structures that are not buildings; and d. Grave markers, including mausoleums; at actual cash value at the time of loss but not more than the amount required to repair or replace. 2. Buildings covered under Coverage A or B at replacement cost without deduction for depreciation, subject to the following: a. If, at the time of loss, the amount of insurance in this policy on the damaged building is 80% or more of the full replacement cost of the building immediately before the loss, we will pay the cost to repair or replace, after application of any deductible and without deduction for depreciation, but not more than the least of the following amounts: (1) The limit of liability under this policy that applies to the building; (2) The replacement cost of that part of the building damaged with material of like kind and quality and for like use; or (3) The necessary amount actually spent to repair or replace the damaged building.If the building is rebuilt at a new premises, the cost described in (2) above is limited to the cost which would have been incurred if the building had been built at the original premises. b. If, at the time of loss, the amount of insurance in this policy on the damaged building is less than 80% of the full replacement cost of the building immediately before the loss, we will pay the greater of the following amounts, but not more than the limit of liability under this policy that applies to the building: (1) The actual cash value of that part of the building damaged; or (2) That proportion of the cost to repair or replace, after application of any deductible and without deduction for depreciation, that part of the building damaged, which the total amount of insurance in this policy on the damaged building bears to 80% of the replacement cost of the building. c. To determine the amount of insurance required to equal 80% of the full replacement cost of the building immediately before the loss, do not include the value of: (1) Excavations, footings, foundations, piers, or any other structures or devices that support all or part of the building, which are below the undersurface of the lowest basement floor; (2) Those supports described in (1) above which are below the surface of the ground inside the foundation walls, if there is no basement; and (3) Underground flues, pipes, wiring and drains. d. We will pay no more than the actual cash value of the damage until actual repair or replacement is complete. Once actual repair or replacement is complete, we will settle the loss as noted in 2.a. and b. above. However, if the cost to repair or replace the damage is both: (1) Less than 5% of the amount of insurance in this policy on the building; and (2) Less than $2,500; we will settle the loss as noted in 2.a. and b. above whether or not actual repair or replacement is complete. e. You may disregard the replacement cost loss settlement provisions and make claim under this policy for loss to buildings on an actual cash value basis. You may then make claim for any additional liability according to the provisions of this Condition C. Loss Settlement, provided you notify us of your intent to do so within 180 days after the date of loss.
 
* Facts and circumstances giving rise to the violation.
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The facts and circumstances giving rise to the Insurer’s violation as the Insured understands them at this time: Saday Hernandez Asen (hereinafter the “Insured”) purchased a property insurance policy, policy number SIC3063401 (hereinafter the “Subject Policy”) from Slide Insurance Company (hereinafter “Slide”) which, at all times material hereto, provided property insurance for the property located at 8711 North Pawnee Avenue, Tampa, FL 33617 (hereinafter the “Subject Property”). On or about September 26, 2024, Hurricane Helene, a covered cause of loss, caused direct physical loss and resultant ensuing damages to the Subject Property. The Insured immediately notified Slide of the loss. Slide assigned claim number 202409005402 to the loss (hereinafter the “Claim”). On or about September 28, 2024, the Insured hired Public Adjuster Luis Guzman of Universal Claims Adjusters, who came out to the property, performed an inspection, and took photographs of the damages. That same day, Slide sent their Field Adjuster, Donald Davis out to the subject property to perform an inspection. Additionally, Slide sent a mitigation company to the subject property to install a tarp onto the roof to prevent further damages. On or about October 14, 2024, the Public Adjuster prepared an estimate for repairs totaling $47,921.06 and forwarded same to Slide. On or about October 16, 2024, the Slide issued its Coverage Determination Letter and stated that “Our investigation revealed wind damage on the front, right, rear slopes of the roof, and gutters damaged, water damage to master bedroom ceiling.” Attached to the coverage letter was an inaccurate and incomplete estimate for repairs totaling $8,522.76, prepared by Field Adjuster Donald Davis, that failed to include repairs to the wind-damaged slopes of the roof and failed to include any line-items for repairs to the water-damaged interior of the subject property. Slide issued a payment to the Insured in the amount of $3,093.34 after subtracting the policy deductible of $4,720.00 and recoverable depreciation in the amount of $709.42. As a result of the inaccurate and incomplete estimate and insufficient, unilaterally determined payment from Slide, the Insured retained legal counsel. Subsequently, the Insured’s Public Adjuster prepared a revised estimate for repairs, totaling $131,075.64, to include repairs to the wind-damaged slopes of the roof, which were determined to be covered in Slide’s coverage letter, dated October 16, 2024. On or about January 28, 2025, counsel emailed Slide’s desk adjuster, Sonya Harris, a copy of the Public Adjuster’s revised estimate for repairs. Additionally, counsel requested a phone call with Ms. Harris to discuss the claim. To date, counsel never received any response from Ms. Harris regarding the request for a phone call or the receipt of the revised estimate. On or about February 12, 2025, the Insured’s attorney filed a Notice of Intent to Initiate Litigation and attached the Public Adjuster’s revised estimate. In response to the Notice, Slide alleged that the Notice was not in compliance with Florida Statutes §§ 627.70152 and 627.70131 because the Public Adjuster’s revised estimate for repairs constituted a supplemental claim to which Slide had not had an opportunity to investigate and render a coverage determination. It is important to note, the only area which was revised in the Public Adjuster’s estimate was the main roof, which has already been fully and completely inspected and investigated by Slide and to which Slide has already rendered a coverage determination where it found covered wind damages to the front, right, and rear slopes. Therefore, Slide’s contention that the Notice of Intent is not compliant with Florida Law is totally and completely unfounded and inaccurate. It is clear that the carrier is not treating the Insured with good faith claims conduct; failing to pay a claim clearly owed; not adjusting the claim and evaluating the loss properly, promptly and fairly to provide full and prompt indemnity to the Insured; failing to implement proper standards for the adjustment and investigation of claims and placing the company’s interests before the Insured’s interests; not training, supervising or managing adjusters properly so that prompt and full payments are made; refusing to pay the full amount owed to the Insured despite the fact that the damages are covered under the policy; looking for ways to delay full recovery or any recovery to the insured; and refusing to provide coverage for the Insured’s loss in a timely manner. To cure the above-mentioned immoral, deceptive, unlawful and collectively defined general business practice of Bad Faith claims handling practices that are knowingly, willfully, wantonly and/or with a reckless disregard for the Complainant’s interests being implemented, Slide must perform as follows within 60 days of receiving this Notice. 1. Take corrective action in association with the Bad Faith claims handling practices by way of rectifying same and thereafter duly adjusting, investigating and issuing payment for all benefits owed to the Complainant for indemnity in the amount of $131,075.64; 2. Take corrective action in association with the Bad Faith claims handling practices by way of rectifying same and thereafter duly adjusting, investigating and issuing payment for all benefits owed to the Complainant; 3. To the extent verified after duly performing under the policy pursuant to cited authorities and considerations, issuing any and all payments owed to the Complaint for interest on benefits that were untimely paid; 4. After exercising good faith efforts to resolve the claim, issuing payment to the Complainant for any attorney’s fees and/or costs that it cannot dispute are due and owing; 5. As it relates to any claims/benefits that may remain in dispute or undetermined, fairly, honestly, specifically, meaningfully and substantively disclosing to the Complainant’s counsel the basis therefor and the means to promptly reach resolution; and/or 6. Otherwise fulfilling any and all obligations under the policy that it knows, or should know, remain to be performed. Please do not hesitate to contact the undersigned at (954) 529-0695 if you have any questions or concerns. Sincerely, Aaron D. Melamed, Esq.
Comments
User Id Date Added Comment
aaron@melamedlawpllc.com 10-01-2025 The details herein have been amicably resolved between the parties; therefore, we withdraw this Civil Remedy Notice. This Civil Remedy Notice is hereby withdrawn.
jpatino@slideinsurance.com 04-24-2025 April 24, 2025 Via E-mail & Posting on DFS Website Aaron Melamed, Esq. Melamed Law, PLLC 20200 W Dixie Highway, Ste 902 Aventura, FL 33180-1926 aaron@melamedlawpllc.com RE: Insured: Saday Hernandez Asen Claim No: 202409005402 Policy No: SIC3063401 Date of loss: 09/26/2024 CRN Filing No.: 808838 Dear Mr. Melamed: Please allow this correspondence to serve as Slide Insurance Company’s (“Slide”)’s response to the Civil Remedy Notice (“CRN”) that was filed on behalf of Saday Hernandez Asen (“Insured”). Herein, we include a brief factual history of the underlying claim and actions by Slide which reveals it has acted properly in responding to the underlying claim and in compliance with its contractual and legal obligations. Slide denies each and every allegation brought forth in the CRN and denies any wrongdoing in the handling of the underlying claim. Additionally, Slide denies violating any Florida Statute or Administrative Code as set forth more specifically herein. Moreover, Slide denies violating any provisions or duties set forth in the applicable policy of insurance. Slide further states that the facts and circumstances that are set forth in the CRN, while incomplete and misleading, do not give rise to any violation of any statute or policy provision referenced in the Notice. Furthermore, Slide challenges the validity of the CRN for not identifying the specific policy language they claim Slide failed to follow. See, e.g., Julien v. United Prop. & Cas. Ins. Co., 311 So.3d 875, 879 (Fla. 4th DCA 2021) (affirming dismissal for civil remedy notice’s failure to either strictly, or substantially, comply with statutory specificity requirement); Demase v. State Farm Florida Insurance Company, 351 So.3d 136, 138-39 (Fla. 5th DCA 2022) (holding that the trial court properly determined that a CRN that failed to state with specificity the relevant policy language was legally insufficient). Finally, the Notice is improper as the Insured failed to establish that Slide breached the policy of insurance, as required by Fla. Stat. § 624.1551. CLAIM FACTS The underlying claim was reported as a claim for damages from Hurricane Helene on September 27, 2024. On September 28, 2024, Slide sent Independent Adjuster to inspect the insured property. Based on Slide’s investigation and evaluation of the claim, Slide issued its determination letter and undisputed payment of approximately $3,093.34. Slide maintains that it has acted in accordance with the terms of the subject insurance policy, and the law, and has acted in good faith towards the Insured. Slide denies that it violated any statutes or committed the acts asserted in the CRN. Slide neither waives nor is estopped from asserting any and all rights that it may have in law or under the terms of the policy. Slide expressly reserves all such rights without exception or limitation. REASONS FOR THE NOTICE The CRN alleges multiple reasons for the filing of the Notice. However, no specific facts or circumstances are provided to support these allegations. Notwithstanding, Slide denies each and every allegation individually as follows: 1. Claim Delay: Slide denies any delay in the claims handling process of the underlying loss as is evident from the facts outlined above. Slide promptly acknowledged the claim and timely initiated its investigation of the loss including an inspection of the subject property. Slide acted in accordance with its duties and obligations pursuant to the policy of insurance and responded appropriately to information and documentation that was provided. Thus, Slide asserts that this allegation is without basis and therefore denied. 2. Unsatisfactory Settlement Offer: Slide thoroughly investigated the loss upon receipt of the underlying claim and ultimately issued the amount necessary to return the insured property to its pre-loss condition as required by the Policy. Zero evidence of a faulty or deficient settlement offer has been presented, as such Slide denies this allegation. 3. Unfair Trade Practice: There is no basis for this allegation, thus it is wholly denied. The Insured has submitted no facts or circumstances to support this allegation. The handling and administration of this claim occurred with the expediency and timeliness allowed by the statutory requirements imposed upon Slide. At no time did Slide, its agents, or its employees delay the handling, administration, or disposition of this claim. The facts show that Slide acted promptly with respect to the investigation of the underlying claim and made communications as necessary to adjust the claim in a prompt and appropriate manner. Information necessary and relevant to the proceeding of the claim was communicated to the Insured or their representatives in an appropriate and timely manner. ALLEGED STATUTORY VIOLATIONS The CRN alleges five (5) statutory violations. However, no specific facts or circumstances are provided to support these allegations. Notwithstanding, Slide denies each and every allegation of statutory violation individually as follows: 1. 624.155(1)(b)(1): Denied. The underlying claim was investigated and adjusted in as thorough and expedient a manner as possible. Following the investigation and evaluation of the underlying claim, payment was tendered to the Insured. Moreover, the Insured has submitted absolutely no facts or circumstances supporting this allegation. 2. 624.155(1)(b)(3): Denied. Slide has not failed to promptly settle the underlying claim. The underlying claim was investigated and adjusted in as thorough and expedient a manner as possible. Following the investigation and evaluation of the underlying claim, the Insured was issued payment(s). Accordingly, Slide asserts its full and strict compliance with the statutory requirements imposed upon it.  Moreover, the Insured has submitted absolutely no facts or circumstances supporting this allegation. 3. 626.9541(1)(i)(3)(a): Denied. This allegation is without basis. Slide has adopted and implemented standards for the proper investigation of claims at all times during the investigation of the subject matter. The aforementioned facts demonstrate that Slide employed proper and customary claims practices in the investigation and adjustment of this claim including, but not limited to, a prompt inspection of the insured property and timely communications with the Insured and their representatives. Accordingly, Slide asserts its full and strict compliance with the statutory requirements imposed upon it. Finally, the Insured has submitted absolutely no facts or circumstances supporting this allegation. 4. 626.9541(1)(i)(3)(c): Denied. This allegation is without basis. Slide has consistently acted promptly upon all communications with respect to this claim as previously outlined. Slide has adjusted the underlying loss in as thorough and expedient a manner as possible. Moreover, Slide routinely communicated with the Insured and/or their representatives regarding the underlying claim. Thus, Slide asserts its full and strict compliance with the statutory requirements imposed upon it. Any assertions to the contrary are unsupported by the facts. 5. 626.9541(1)(i)(3)(h): Denied.  This allegation is without basis.  Slide clearly and promptly notified the Insured and/or their representatives regarding the pertinent claim facts and specific information needed relating to the claim. Slide’s communications to the Insured and their representatives prove this fact.  Moreover, Slide asserts its full and strict compliance with the statutory requirements imposed upon it.  Finally, the Insured has submitted absolutely no facts or circumstances supporting this allegation. ALLEGED VIOLATIONS OF THE INSURANCE POLICY The CRN fails to allege specific violations of the insurance policy and provides no specific facts or circumstances of wrongdoing. The boilerplate CRN merely sets forth blanket allegations of wrongdoing, without further information. As such, the CRN is defective, as it failed to specifically identify the policy language that is the subject of the alleged violation, and further failed to include sufficient facts to put Slide on notice of the alleged violations. Notwithstanding, Slide denies any and all allegations of policy violations. All actions by Slide were done in compliance with the applicable Policy. As indicated above, Slide thoroughly investigated the reported loss including inspection of the Insured’s property. Thus, it is clear that Slide has acted in compliance with the Policy. Slide asserts that it has at all times complied with the terms of the Policy and has complied with all applicable provisions of the Policy and Florida Statutes in the handling of this matter. STATEMENTS AS TO CURING THE DEFECTS OUTLINED IN THE NOTICE The CRN asserts that Slide must tender all insurance benefits due and owing. Nevertheless, the method for curing violations alleged in a Civil Remedy Notice is not determined by the Insured. Talat Enterprises, Inc. v. Aetna Casualty Surety Co., 753 So. 2d So. 2d 1278 (Fla. 2000). Accordingly, Florida Statutes Section 624.155 does not impose on an insurer the obligation to pay whatever the Insured’ demands. Section 624.155(2)(d) would have no effect or purpose under such an interpretation. Thus, Slide reasserts that it has acted in good faith towards its Insured at all times. Slide references to all the facts herein, which unequivocally demonstrate Slide’s expedient and timely administration of the Insured’s claim. Slide further asserts its full and strict compliance with the Policy and reiterates that it has acted properly in responding to the underlying claim in compliance with its contractual and legal obligations. Slide denies any wrongdoing in the handling of the underlying claim. Additionally, Slide denies violating any Florida Statute, Administrative Code, or code of ethics. CONCLUSION In conclusion, the documented facts of this claim establish that Slide acted diligently in its claims response and adequately performed its obligations under the policy of insurance and Florida law. Thus, the facts contradict all allegations that Slide has in any manner acted improperly or contrary to its contractual obligations to the Insured in this claim. Herein, Slide has attempted to fully and adequately respond to the allegations the Insured allege in the Civil Remedy Notice of Insurer Violation filed with the Department. Should there be any questions or further inquiry with respect to this matter, please contact the undersigned at (727) 359-9802 or at jpatino@slideinsurance.com. Sincerely, /s/ John Patino John Patino, Esq. Staff Counsel
Acknowledgement
* The submitter hereby states that this notice is given in order to perfect the rights of the person(s) damaged to pursue civil remedies authorized by Section 624.155, Florida Statutes.

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DFS-10-363
Rev. 10/14/2008